Zeigler v. State

VILLANTI, Judge.

Merle Frances Zeigler appeals her conviction and sentence for second-degree murder, contending that the trial court committed fundamental error when it gave the standard jury instruction on the lesser-included offense of manslaughter by act because that instruction, as it existed at the time of Zeigler’s trial, improperly set out the intent required for a conviction for that offense. In support of her argument, she relies on the recent decision in Montgomery v. State, — So.3d-(Fla. 1st DCA 2009), review granted, 11 So.3d 943 (Fla.2009). Because we find that the instructions…